- 1 - HC-KAR NC: 2026:KHC:28533 WP No. 17449 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 17449 OF 2026 (GM-CPC) BETWEEN: MYSURU ZILLA ARANYA ILAKHA NOUKARARA GRUHA NIRAMANA SAHAKARA SANGHA NIYAMITA A REGISTERED SOCIETY UNDER THE PROVISIONS OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959 HAVING ITS REGISTERED OFFICE AT NO.827, CHINNARI, E AND F BLOCK, MANUJAPATHA ROAD, 1ST CROSS, KUVEMPU NAGARA, MYSURU – 570 023 REP. BY ITS SECRETARY, SRI. G PRAKASH S/O. LATE K S GURUMALLAPPA …PETITIONER (BY SRI. VENUGOPALA M S., ADVOCATE) AND: MADHUVANA HOUSE BUILDING CO OPERATIVE SOCIETIES LIMITED, A REGISTERED CO OPERATIVE SOCIETY UNDER THE PROVISIONS OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959, HAVING ITS REGISTERED OFFICE AT NO.222, 2ND FLOOR, 12TH MAIN, 3RD CROSS, SARASWATHIPURAM, MYSURU – 570 009. REP. BY ITS PRESIDENT, SRI D T PRAKASH. …RESPONDENT Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28533 WP No. 17449 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE VACATION JUDGE, MYSORE IN O.S. NO.1825/2025 DATED 26.05.2026 ON IA NO.3 FILED UNDER SEC.151 OF CODE OF CIVIL PROCEDURE 1908 VIDE ANNEXURE-N AND DISMISS THE APPLICATION IN IA NO.3 FILED UNDER SEC.151 OF CPC AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER Heard the learned counsel for the petitioner. 2. Even though the matter is actually under Article 227 of the Constitution of India, the petition has been filed seeking the following reliefs: “a). Set aside the order passed by the Vacation Judge, Mysore in OS No.1825/2025 dated 26.05.2026 on IA No.3 filed under Sec.151 of Code of Civil Procedure 1908 vide Annexure-N and dismiss the application in IA No.3 filed under Sec.151 of CPC, And: b). Issue such other directions or orders as this Honble court deems fit to be granted in the facts and circumstances of the case by allowing this writ petition in the interest of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:28533 WP No. 17449 of 2026 3. By means of the impugned order, while allowing I.A. No.3 moved by the plaintiff, a temporary injunction has been granted against the defendant/petitioner restraining from proceeding with development work, forming any layout in suit schedule item Nos.1 and 2 till disposal of the suit. 4. The contention of the learned counsel for the petitioner is that a suit for specific performance was filed by the respondent in which I.A. No.1 under Order XXXIX Rule 1 and 2 of CPC was filed seeking temporary injunction which came to be allowed by means of an order dated 07.01.2026. The said order was subjected to challenge in an appeal before the District Judge concerned. By an order of 18.02.2026, the V Additional District Judge, Mysuru allowed I.A No.1 filed in the appeal and suspended the ex-parte temporary injunction order passed by the trial Court till the disposal of the appeal. 5. It is stated that thereafter an application was moved before the Appellate Court by the plaintiff stating that the jurisdiction of the appeal lies before the High Court. Accordingly, by the order dated 02.03.2026, the appeal was - 4 - HC-KAR NC: 2026:KHC:28533 WP No. 17449 of 2026 permitted to be withdrawn with a liberty to prefer the appeal before this High Court. It is orally stated by learned counsel for the petitioner that the appeal has been preferred which is numbered as M.F.A. No.4075/2026 (CPC). Pending the aforesaid MFA, the application under Section 151 CPC was moved. The I.A. is couched in dubious language, but nonetheless seeks restraining the defendant/petitioner from changing the nature of the suit schedule property etc. On that application despite the vociferous objections by the defendant/ petitioner, the impugned order has been passed. 6. Evidently, the order impugned though purportedly passed on an application moved under Section 151 CPC, is an order of injunction that can be challenged by the petitioner/defendant under Order XLIII of CPC. This petition is therefore dismissed on the ground of alternative remedy leaving it open for the petitioner to pursue such remedy as may be advised. 7. The certified copies of the documents that are on record would be returned to the petitioner as per Rules after retaining photocopies of the same. - 5 - HC-KAR NC: 2026:KHC:28533 WP No. 17449 of 2026 A copy of this order shall be communicated to the learned trial Court concerned within a fortnight by the Registry. Sd/- (JAYANT BANERJI) JUDGE KG List No.: 1 Sl No.: 4